1234.08  VARIANCES.
   (a)   Variance – Literal Enforcement Would Create Undue Hardship.  The Board shall have the power to authorize upon appeal variances from the terms, provisions or requirements of this Code that are not contrary to the public interest; provided, however, that such variances shall be granted only in such cases where the literal enforcement of the provisions or requirements of this Code would result in practical difficulty, undue hardship, or the unnecessary deprivation of a valuable property right, except as provided in division (d) below of this section.
   (b)   Variance – Conditions Prevailing.  Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property existing on the effective date of this Code, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this Code would involve practical difficulty or would cause unnecessary hardship the Board may grant a variance and attach such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of the Code and in public interest.  In authorizing a variance, with attached condition, the Board shall require such evidence, guarantee or bond as it may deem to be necessary, to enforce compliance with the conditions established.
   (c)   Variance – Findings of the Board.  No variance of the provisions or requirements of this Code shall be authorized by the Board unless the Board finds, beyond reasonable doubt, that all the following facts and conditions exist:
      (1)   Unusual circumstances.  There are circumstance or conditions applying to the property in question or to the intended use of the property, that do not apply generally to other properties or class of uses in the zoning district.
      (2)   Preservation of property rights.  The variance is necessary to preserve for the applicant substantial property rights held by other properties in the same zoning district and in the same vicinity.
      (3)   Absence of detriment.  That authorizing the variance will not be a substantial detriment to adjacent property, and will not materially impair the purposes of this Code or the public interest.
   (d)   Variance – Limitations. The Board shall have the authority to authorize upon appeal variances regarding district standards as they relate to maximum allowable density but only to the extent that said appeal for variance does not request an allowable density of greater than 5% in excess of the existing density limitations permitted by the applicable district standard as set forth herein. Under no circumstances shall a zoning permit be issued or an appeal for variance be granted which would provide for an increase in density of greater than 5% in excess fo the existing density limitations permitted by the applicable district standard as set forth herein.
(Ord. 08-33-A.  Passed 5-4-09; Ord. 10-27.  Passed 11-15-10.)